A Summary Of Recent State & Federal Appellate & Trial Court Decisions

REPORTING DECISIONS THROUGH FEBRUARY 3, 2006 PENNSYLVANIA STATE COURT DECISIONS 1. CAUSES OF ACTION 1.1. Civil Remedies For Violations of State Constitutional Rights ► Commonwealth Court of Pennsylvania ♦ Jones v. City of Philadelphia No. 795 C.D. 2004 (January 25, 2006) Holding: A city or other local government is not liable for monetary damages under Article I, Section 8 of the Pennsylvania Constitution for a claim of excessive force. Of note is the en banc Court's finding that the plaintiff failed to show that his rights against governmental use of excessive force were not sufficiently protected by the Fourth Amendment. Judge Smith-Ribner filed a dissenting opinion, in which she was joined by Judge Friedman. 1.2. Motor Vehicles Claims - Uninsured Motorist Actions ► Superior Court of Pennsylvania ♦ Pantelis v. Erie Insurance Exchange 2006 PA Super 1 (January 4, 2006) Holding: An automobile insurer's acknowledgement of "reasonable proof" that a party is entitled to first party benefits does not preclude the insurer from later disputing whether the insured is "legally entitled to recovery" of third party benefits in an uninsured motorist claim pursuant to 75 Pa.C.S.A.